90 their next of kin. If it does not carry out an investigation in said terms, the State incurs in international responsibility related to its obligation to guarantee the right to life enshrined in the American Convention. Additionally, it would be creating an environment of impunity, in which these events contrary to the duty of respect and guarantee of the right of life may repeat themselves. Even when the individual perpetrator of the violation, it corresponds to the State to compensate the victim or his next of kin if said violation was committed by a state agent; m) the fragmented documentation handed over by the State under the name of “autopsy certificates” and “forensic medical certificates” only includes incomplete descriptions of the injuries suffered by the lethal victims and the injuries found in some of the wounded, without determining their external location, possible cause, and form of production, antiquity, trajectory, and entrance or exit wounds (in the case of injuries caused by bullets). Similarly, said reports do not refer to the bullets recovered in the victims’ bodies. Likewise, the absence of records of the removal of the bodies is a very important omission that contributes to the impossibility to technically determine the circumstances of death in relation with the perpetrators of the same, since they only evidence the Commission has in order to know how the deaths occurred are the written statements provided by the petitioners and not contested by the State, as well as the description from the report of the Commission for Truth and Reconciliation; n) a part of the domestic case file was burned, under the protection of that stated in R.M.N° 456-90-IN-PNP and Article 35 of the Rules of Procedure of Police Documentation. The destruction of vital evidence for the complete elucidation of the events constitutes an obstruction to justice; o) due to the pattern of obstruction to justice in the present case and before the State’s failure to comply with its obligation to act with due diligence to clarify the “massacre” committed in the Criminal Center Castro Castro, Peru is responsible for the violation of the right to life and failure to comply with the general obligation of respect and guarantee contemplated in Article 1(1) of the Convention, in detriment of the people listed in section 42(1) of the application; “The State’s failure to comply with the obligation established in Article 1(1) of the American Convention” p) in its brief of final arguments it indicated that almost a hundred of the victims of te present case are women, for who the consequences of the breaches to human rights analyzed resulted especially gross; q) in its brief of final arguments it stated that the duties of prevention, investigation, and punishment that correspond to the State have been gathered in the Convention of Belém do Pará, which even though was not in force in Peru at the time of the facts, may be used in order to analyze the State’s responsibility for the violations to Articles 4, 5, 8, and 25 of the American Convention, in virtue of the stated in Article 29 of the same; and r) in its brief of final arguments it indicated that the right to be exempt of violence in the public and private sphere, stipulated in Article 3 of the

Seleccionar párrafo de destino3